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IN THE HIGH COURT OF TELANGANA
E.V.Venugopal
Solipuram Rami Reddy – Appellant
Versus
State of Telangana – Respondent
ORDER :
E.V. Venugopal, J.
1. These Criminal Revision Cases are filed by the petitioners under Sections 438 and 442 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ). Since the parties to all these four criminal revision cases are common and the point to be decided is interconnected, this Court disposes of the same by way of this common order.
(a) Criminal revision case No.831 of 2024 is filed by the petitioners/accused Nos.1 to 4 aggrieved by the order dated 29.01.2024 passed in Crl.M.P.No.134 of 2023 in C.C. No.3645 of 2020 on the file of the learned Principal Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Kukatpally, Cyberabad.
(b) Criminal revision case No.956 of 2024 is filed by the petitioners/accused Nos.1 to 3 aggrieved by the order dated 29.012024 in Crl.M.P.No.135 of 2023 in C.C. No.3428 of 2020 on the file of the learned Principal Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Kukatpally, Cyberabad.
(c) Criminal revision case No.959 of 2024 is filed by the petitioners/accused Nos.1 to 3 aggrieved by the order dated 29.01.2024 in Crl.M.P.No.128 of 2023 in C.C.No.145 of 2021 on the file of the learned Principal Junior Civil Judge-cum-XI Additional Met
The court upheld that discharge from criminal charges requires clear evidence of groundless claims, affirming parallel civil and criminal proceedings are permissible under law.
The right of the accused to cross-examine witnesses before framing of charges is a valuable right, and the application of Section 245(2) Cr.P.C. for discharge should be considered in light of this ri....
Only the State or de facto complainant can file revisions against discharge in criminal cases; third parties lack standing.
The main legal point established in the judgment is the proper procedure for handling discharge applications in cases triable by the court of session, as per the provisions of the Criminal Procedure ....
The main legal point established is the need to discourage giving criminal color to civil disputes and the application of Section 482 Cr.P.C for quashing a charge sheet.
Filing simultaneous revisions in different courts on the same matter violates Section 397(3) Cr.P.C. and constitutes misuse of legal process.
Civil property disputes should not be misconstrued as criminal offences, and sufficient grounds for further investigation must be established based on credible evidence.
The public prosecutor must independently assess the legitimacy of withdrawal from prosecution under Section 321 Cr.P.C, ensuring it serves public justice.
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